If the driver who hit you had no insurance, or carried the state minimum and your injuries cost far more than that, the coverage that actually makes you whole is usually your own uninsured/underinsured motorist (UM/UIM) coverage. It is the most important coverage most Washington drivers do not realize they have, and it is the one insurers most quietly hope you will forget about.
Do I have UM/UIM coverage?
Probably. Washington requires insurers to include UM/UIM coverage in every auto policy unless you rejected it in writing (RCW 48.22.030). As with PIP, if you never signed a form declining it, you likely have it. It typically covers you, your household family members, and passengers in your vehicle.
What is the difference between uninsured and underinsured?
- Uninsured motorist (UM) applies when the at-fault driver had no liability insurance at all, or in a hit-and-run where the driver is never identified.
- Underinsured motorist (UIM) applies when the at-fault driver had insurance, but not enough to cover your losses. If they carried the Washington minimum of $25,000 and your medical bills and lost income come to $80,000, your UIM can cover the gap up to your own policy limits.
Washington's UM/UIM statute is written broadly in the injured person's favor, which is why insurers work hard to minimize these claims.
Does UM cover a hit-and-run?
Yes. If you were hit by a driver who fled and is never identified, your uninsured motorist coverage generally treats that phantom driver as an uninsured driver. There are proof requirements — prompt reporting and, in some cases, evidence of physical contact — which is one reason it matters to report a hit-and-run to police and your insurer quickly.
Why is my own insurer fighting me on this?
Because a UM/UIM claim is a first-party claim — you are making a claim against your own insurance company, and every dollar it pays comes out of its pocket. The same company that was friendly when you bought the policy can become adversarial when you file. Common tactics include disputing the value of your injuries, arguing you were partly at fault, or delaying. The good news: because it is a first-party claim, your insurer owes you a duty of good faith, and the Insurance Fair Conduct Act gives that duty real teeth.
Should I settle with the at-fault driver before opening a UIM claim?
Not without advice. Settling with the at-fault driver's insurer the wrong way, or without notifying your own UIM carrier, can jeopardize your UIM claim. The order and manner of these settlements matters, and a mistake here can forfeit coverage you paid for. This is a common and expensive trap for people handling claims on their own.
Talk to a Washington attorney about your UM/UIM claim
If you were hit by an uninsured, underinsured, or hit-and-run driver anywhere around Federal Way or the South Sound, your own policy may be the key to a full recovery. We can identify every layer of coverage available to you and handle the first-party claim so a mistake does not cost you. Call or text (206) 429-5227 or contact us here for a free consultation.
Related: Insurance after a car accident in Washington: the full guide · Washington's minimum insurance requirements
